HomeMy WebLinkAboutResolution - 5505 - Permit - Mayfield Van Lines & Warehouse - Street_Alley And_Or PGMW - 06_12_1997Resolution No.5505
Item #24
June 12, 1997
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Street/Alley and/or City
Public Grounds Monitor Well Permit by and between the City of Lubbock and Mayfield
Van Lines and Warehouse, attached hereto, and which shall be spread upon the minutes
of the Council and as spread upon the minutes of this Council shall constitute and be a
part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 12th day of June , 1997.
ATTEST:
Ka a Darnell, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
arold Willard, Assistant City Attorney
dk/ccdocs/mayfleld.res
May 22, 1997
Resolution No.5505
Item #24
June 12, 1997
STREET/ALLEY AND/OR CITY
PUBLIC GROUNDS MONITOR WELL I
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This indenture made this 12th day of June , 1997, being
the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule
Municipal Corporation, and Mayfield Van Lines and Warehouse, hereinafter called
"PERMITTEE".
WITNESSETH:
Subject to the terms, conditions, and provisions herein, the CITY OF LUBBOCK
does hereby grant to the PERMITTEE, the right, privilege and license to use portions of
dedicated streets and/or alleys and/or City public grounds for groundwater monitoring
wells, to -wit:
Legal description of a monitor well to be placed in the South Right -of -Way of
East 44th Street adjacent to Lot 1, Block 14, Nelson Brown Addition to the City
of Lubbock, Lubbock County, Texas;
BEGINNING at a point which is 1.00 foot North and 231.50 feet East of the
Northwest corner of Lot 1, Block 14, Nelson Brown Addition;
THENCE North 2.00 feet to a point;
THENCE East 2.00 feet to a point;
THENCE South 2.00 feet to a point;
THENCE West 2.00 feet to THE POINT OF BEGINNING.
Texas Natural Resources Conservation Commission, hereinafter referred to as
"T.N.R.C.C.", leaking petroleum storage tank, L.P.S.T. Site No. 92061.
The term of this grant shall be for five (5) years from the date hereof, and shall be
automatically extended for successive five (5) year terms not to exceed twenty (20) years
in any event unless either party shall give written notice of termination to the other party
before the expiration of the original or any subsequent five (5) year term, as the case may
be, and the CITY OF LUBBOCK retains the right at its election to cancel and revoke this
permit with or without cause upon thirty (30) days prior written notice to the
PERMITTEE. Said notice shall be deemed properly served if deposited in the post
office, postage paid, addressed to PERMITTEE at the last know address of PERMITTEE.
Application fee for this permit is ONE HUNDRED FIFTY AND N0/100 DOLLARS
($150.00) and is non-refundable.
Upon expiration or cancellation and revocation of this permit by the CITY OF
LUBBOCK or the abandonment of the permit by the PERMITTEE, the improvements
that are permitted under this permit shall be removed by the PERMITTEE and the
property shall be restored to its original condition at no cost or expense to the CITY OF
LUBBOCK. In the event PERMITTEE fails or refuses to remove such improvements
after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall take
possession and remove or cause to be removed such improvements, and the expense
incurred shall be assessed against PERMITTEE for which PERMITTEE shall be liable.
In addition to the permit application fee, PERMITTEE shall pay to the CITY OF
LUBBOCK as compensation for such grant the sum of FIVE HUNDRED AND NO/100
STREET/ALLEY AND/OR CITY PUBLIC GROUND MONITOR WELL PERMIT
MAYFIELD VAN LINES AND WAREHOUSE — PAGE 1
DOLLARS ($500.00) cash in advance contemporaneously with the acceptance and
execution hereof by PERMITTEE for the first five (5) year term of this permit and
thereafter such rate of compensation may be changed for each succeeding five (5) year
term by the CITY OF LUBBOCK to a rate of compensation which is based on
procedures and policies as established by the City Council of the CITY OF LUBBOCK.
If such rate is not changed by the CITY OF LUBBOCK, the rate for the preceding five
(5) year term shall apply. The fee for the first five (5) year term of this permit shall be
tendered in the form of a certified or cashier's check prior to placement of the request for
this permit on the City Council Agenda. Such fee shall only be refundable if this permit
is denied by the City Council.
2. The PERMITTEE agrees to pay all costs arising out of the exercise of this
permit herein granted, including but not limited to the replacement and repairing of
paving, sidewalks and utilities of any nature occasioned by the construction as authorized
by this permit. PERMITTEE must utilize all necessary construction barricades, warning
signs and traffic control devices in accordance with the Texas Manual on Uniform Traffic
Control Device (T.M.U.T.C.D.), when drilling the monitor wells, inspecting the monitor
wells or testing of water samples and removal of the monitor wells. All drilling fluids
and cuttings are to be emptied at T.N.R.C.C. approved sites and not emptied onto City
streets, alleys or other City -owned property.
3. In the event the CITY OF LUBBOCK determines that the existence of the
use herein granted interferes with or causes the rerouting or realignment of any public
utility, franchised utility or sanitary or storm sewer line constructed or to be constructed
by the CITY OF LUBBOCK or franchised utility, the PERMITTEE agrees to reimburse
the CITY OF LUBBOCK or franchised utility, as the case may be, for its expense in
relocating or rerouting over and above the expense which would have been incurred
except for PERMITTEE'S use herein. All work is to be done in compliance with local,
state and federal laws and regulations.
4. This permit is not transferable to the PERMITTEE without first receiving
the written consent of the City Manager of the CITY OF LUBBOCK.
5. This permit is made subject to the condition that should the PERMITTEE
exercise any right under the permit herein granted and prepare or begin or complete any
part of the construction as herein contemplated across any or all of the above described
property, then and in that event said PERMITTEE, its successors and assigns will at all
times defend, indemnify and otherwise hold the CITY OF LUBBOCK, its agents,
servants and employees harmless from any and all claims, demands, actions, causes of
action, suits at law or in equity of whatsoever kind or nature which may grow out of or be
related to the making of this permit or the construction or maintenance and use permitted
herein. PERMITTEE is responsible and liable for any and all contamination done to the
water table if such occurs during the drilling, monitoring or filling or the wells. The
CITY OF LUBBOCK, at its option, may require an agreement with any contractors hired
by the PERMITTEE to perform the construction, repair or maintenance permitted herein,
which agreement will indemnify the CITY OF LUBBOCK from and against all claims,
liability, cost and expense growing out of the performance of the work to be done by such
contractors. The CITY OF LUBBOCK may further require any of said contractors, when
engaged in the construction, repair or maintenance permitted herein, to furnish, without
expense to the CITY OF LUBBOCK, a reliable surety bond, in any amount and in a form
satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance of
all the terms, covenants and conditions in said agreement, and a certified copy of a policy
of public liability insurance assumed by said contractors in said agreement with the CITY
OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to the PERMITTEE
prior to incurring any costs or expenses or the payment of any such claims or demands in
order to give the PERMITTEE a reasonable opportunity to settle or adjust the same.
6. If a street or alley area is ever widened and any of the wells are found to be
located in the portion to be widened and must be relocated, PERMITTEE must fill the
STREET/ALLEY AND/OR CITY PUBLIC GROUND MONITOR WELL PERMIT
MAYFIELD VAN LINES AND WAREHOUSE - PAGE 2
wells so located and drill new wells at PERMITEE'S sole expense. PERMITTEE will be
responsible for any additional licensing costs incurred as a result of the new wells.
7. Upon termination or cancellation of this permit, all of the wells shall be
permanently filled and capped to the requirements of the City, the Underground Water
Conservation District, the T.N.R.C.C., or other applicable specifications. In general, the
finished surface shall be left in a condition at least as good as that which existed prior to
the drilling operations.
8. PERMITTEE agrees and is required to famish to the CITY OF
LUBBOCK a policy of public liability and property damage insurance within limits as
follows:
Comprehensive General Liability Insurance
Amounts - Bodily Injury $500,000 each occurrence
Property Damage $100,000 each occurrence
$100,000 for aggregate
Me,
Commercial General Liability Insurance
Amount - $600,000 combined single limit each occurrence and in the
aggregate
Solely at PERMITTTE'S expense, PERMITTEE shall do one of the following:
(1) PERMITTEE may furnish a separate insurance policy showing the CITY
OF LUBBOCK as named insured; or
(2) PERMITTEE may finnish an insurance certificate showing the CITY OF
LUBBOCK as an additional named insured by endorsement
on PERMITTEE'S insurance policy.
9. All of the covenants and provisions of this permit shall be binding upon
and inure to the benefit of the successors, legal representatives, assigns and duly
authorized agents and contractors of the parties hereto to the same extent and effect as the
same are binding upon and inure to the benefit of the parties hereto, but no assignment
hereof by the PERMITTEE, its successors or assigns, shall be binding upon the CITY OF
LUBBOCK without the consent of the CITY OF LUBBOCK in each instance, except as
specified in numbered paragraph four (4).
10. PERMITTEE, by its acceptance of the uses permittee herein, understands
and agrees that no interest, title or rights of possession are intended or implied except
those expressly set forth herein, and PERMITTEE waives any and all claims in and to the
public way PERMITTEE is permitted to use hereby and agrees to give peaceful
possession of said property covered herein upon termination or cancellation of this
permit.
Written notices required hereunder shall be mailed to the CITY OF LUBBOCK
addressed to the City Manger, P.O. Bog 2000, Lubbock, Texas 79457. Written notices
required hereunder should be mailed to the PERMITTEE, Mayfield Van Lines and
Warehouse, P.O. Box 3860, Lubbock, Texas 79452.
STREET/ALLEY AND/OR CITY PUBLIC GROUND MONITOR WELL PERMIT
MAYFIELD VAN LINES AND WAREHOUSE - PAGE 3
CITY OF LUBBOCK
WINDY smdk, L:r"�.
;.
ATTEST:
AdL
Ka i Darnell, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right -of -Way Agent
AarryHertelfCity Engineer
APPROVED AS TO FORM:
azold Willard, Assistant City ttorney
AGREED TO AND ACCEPTED this i-rl. day of � , 1997.
PERMITTEE:
YFIELD VAN LINES AND
By:
I. ICY
THE STATE OF TEXAS §
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for said County
and State, on this day personally appeared WINDY SITTON, MAYOR of the CITY OF
LUBBOCK, known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that she executed the same as the act and deed of the
CITY OF LUBBOCK, for the purposes and consideration therein expressed and in the
capacity herein stated.
STREET/ALLEY AND/OR CITY PUBLIC GROUND MONITOR WELL PERMIT
MAYFIELD VAN LINES AND WAREHOUSE - PAGE 4
GIVEN UNDER MY HAND AND SEAL OF OFFICE this t2 Y— day of
1997.
[SEAL]
-. � KATHERINE EGGER Notary Public in and for the State of Texas
Notary Public, State of Texas
=.
My Coeunissian ExWres 10-ti-97
1titr�r a 4,0my
Printed or Typed Name of Notary
My Commission Expires: to• to -CL-1
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for said County
and State, on this day personally appeared I.G. MAYFIELD, JR., known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me
that he executed the same for the purposes and consideration therein stated as the act and
deed of aforesaid Permittee, MAYFIELD VAN LINES AND WAREHOUSE.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this I day of
1997.
[SEAL]
Notary Public in and for the State of Texas
OLSON
Printed or Typed Name of Notary
My Commission Expires: 30 364. '-ItmD
HWYFHMDOC
LcW—, Mar 27,1997
STREET/ALLEY AND/OR CITY PUBLIC GROUND MONITOR WELL PERMIT
MAYnELD VAN LINES AND WAREHOUSE — PAGE 5